1. Field of the Invention
The present invention relates generally to an Internet system and, more particularly, to apparatus and methods for compiling copyright/patent/license infringements and violations.
2. Description of the Background
Worldwide software piracy losses are estimated at the present time to typically run well above $10.0 billion dollars annually. Numerous laws discourage and prohibit software piracy such as worldwide copyright and patent laws, the Digital Millennium Copyright Act, the World Intellectual Property Organization Copyright Treaty, and the No Electronic Theft Act. Additionally contract laws creating licenses specify the rights and duties of the parties involved. Music and multimedia piracy losses are not included in the above figures. As well, those figure do not include improper use such as unauthorized alteration of programs.
Methods, systems, and procedures are well known for making software or digitized information more difficult to copy. However, such devices often interfere with the ease of operation and reliability of operation. Reliable software is very important for many applications. Moreover, these methods do not compile evidence or give any indication of the software or digitized information that is copied or altered. Thus, when such methods of preventing copying are circumvented, there is no record or indication that is readily determinable that copying has occurred. As well, there is significant motivation to overcome these copy prevention techniques because the software or other digitized information does not operate when the copy prevention system is triggered. In some cases, the copy prevention system sometimes interferes with program operation, e.g., requires an original cd rom in the cd rom drive.
While the law is generally sufficient for enforcement, and may include rather harsh criminal penalties that depend upon the particular country in which a violation occurs, it is often difficult to locate and find evidence of pirating. If the location and parties could be determined, and the evidence accumulated, then the piracy could be pursued by either civil law or by notification of governmental authorities for criminal prosecution procedures.
While perhaps no measure is 100% foolproof, each system and method has its place and use. It would be desirable to be able to find the location, number of computers, type of violation, and the like. Those skilled in the art have long sought and will appreciate the present invention which addresses these and other problems.
The copyright/patent/license and/or illegal use monitoring system and method of the present invention are provided to supply evidence of such illegal use. The system and method are passive and do not interfere with operation of the software or other digitized information so that there is little motivation to circumvent operation thereof by one who acts illegally. The system operates worldwide on the Internet and therefore will detect copying/alteration of software/digitized music/digitized movies and the like worldwide. The results are tabulated and are preferably made available to subscribers with respect to the software or digitized information they provide. Thus, those companies can obtain evidence of active piracy. This information can be combined with other information to more specifically determine location, time, and verify the counterfeiting such as by either notifying the suspected parties or turning evidence obtained over to local officials for investigation. In many countries, for instance, copyright violations are criminal so that prosecution would be carried out by officials of the particular country involved.
Thus, it is a presently preferred object of the present invention to provide a method for monitoring whether software or other digitized information has been copied.
These and other objects, features, and advantages of the embodiments of the present invention will become apparent from the drawings, the descriptions given herein, and the appended claims. It will be noted that the above and other described objects, features, and advantages are given for illustration and easier understanding of the invention only for the benefit and illumination of the public who reviews this specification. Any stated objects, features, and advantages are not intended to limit the invention in any manner inconsistent with the claims or other portions of the specification and are not intended to provide limiting language outside of the claim language. Therefore, reference to the claims, specification, drawings and any equivalents thereof is hereby made to more completely describe the invention. It is intended that all alternatives, modifications, and equivalents included within the spirit of the invention and as defined in the appended claims be encompassed as a part of the present invention.
A method is disclosed for use with the Internet for detecting pirating of digitized information in which one embodiment comprises providing a respective first identification indicia that is unique for each of a plurality of substantially identical packets of digitized information. A server is provided in communication with the Internet. A respective second identification indicia that is unique for each of a plurality of computers is determined. The method further comprises automatically determining whether one or more of the plurality of computers is in communication to the Internet. The present invention then includes automatically sending the respective first identification indicia and the respective second identification indicia to the server such that one of the plurality of substantially identical packets of digitized information is associated with one of the plurality of computers. The respective first identification indicia and the second respective indicia are then stored for future use. For instance, it might then be determined if the first identification indicia is associated with more than one of the plurality of computers so as to indicate a possibility that one of the plurality of substantially identical packets of digitized information has been copied. Alternatively or in addition thereto, it might automatically determined whether one of the plurality of substantially identical packets of digitized information has been altered. Alteration information is automatically sent related to whether the one of the plurality of substantially identical packets of digitized information has been altered.
For the case where one or more of the plurality computers is connected to an intranet that includes a plurality of intranet computers, intranet information is stored concerning the first identification indicia and one or more of the plurality of intranet computers, and this intranet information is transmitted to the server. An intranet for this purpose is considered a network of computers outside of the Internet. At some time, it may be determined whether the first identification indicia is associated with more than one of the plurality of intranet computers. To avoid needlessly resending information that has already been sent, preferably it is automatically determined whether the first identification indicia and the respective second identification indicia have already been sent to the server. If the first identification indicia and the respective second identification indicia have already been send to the server, then the step of automatically sending the information is delayed until and if information about the first identification indicia and the respective second identification indicia have changed.
A user of the method may connect to the server from a second location and then obtain the stored information regarding the first identification number and the second identification number. Additional information related to one of the plurality of substantially identical packets of digital information may also be stored such as information obtained when registering software, updating software, from the retail or wholesale sales, and the like. This additional stored additional data may then be associated with the first identification indicia and the second identification indicia to obtain a better picture of the situation.
A detection system for use with the Internet is provided for compiling information related to improper usage of digitized information that, in one embodiment, comprises server in communication with the Internet along with one or more storage units for the server. The digitized information is associated with a first identification indicia that identifies the digitized information as discussed above. A first computer routine is installed in a plurality of host computers. The computer routine is operable for determining a respective second identification indicia for each of the one or more host computers so as to uniquely, identify each of the plurality of host computers, the computer routine being operable for determining when a connection is made with each of the plurality of host computers with the Internet and for automatically transferring the first identification indicia and the respective second identification indicia through the Internet to the server, the server being programmed for receiving and storing in the one or more storage units the first identification indicia and the second identification indicia for each of the one or more host computers, and the first computer routine not affecting other operation of the plurality of host computers with respect to the digitized information. A second computer routine may be provided for determining if the first identification number is associated with more than one of the plurality of host computers. The second routine may be installed in the server to notify the parties involved or may be owned by a subscriber to analyze data from the server.
As another feature of the present invention, the first computer routine which, may have more than one module, determines if the digitized information has been altered. If the digitized information has been altered the first computer routine will then indicate the alteration to the server. While indication of an alteration may be accomplished in several ways, in one embodiment the first computer routine produces a third indicia related to the alteration and transmits the third indicia to the server. The third indicia is preferably stored in the one or more storage units related to the server and is preferably associated with the first identification indicia and the second identification indicia.
Another description/embodiment of the method of the might be characterized as a method for detecting an illegal use of a packet of digitized information. In this case steps include features such as installing a first computer routine in a plurality of computers. It is generally preferable that the first computer routine does not interfere with use of the packet of digitized information. This is preferably true regardless of whether the illegal use is indicated or not. As discussed before a first indicia, such as an identification number or the like, is associated with the packet of digitized information for identifying the packet of digitized information. A second indicia is related to each of the plurality of computers. Obviously, the first and second indicia could be formed of one string of computer symbols, two strings, or a plurality of strings. However the effect is to determine the first and second indicia that are associated as described for determining whether the uniquely identified software is found on more than one computer. Another step involves automatically determining whether one of the plurality of computers is presently in communication with a network of computers, such as might include the Internet or an intranet of computers. When the one of the plurality of computers is presently in communication with the network of computers, which could be the Internet or an intranet or both, then automatically sending the first indicia and the respective second indicia over the network of computers to a second location.
At some time, it will be desirable to determine whether the first indicia is associated with more than one of the plurality of computers. It may also be desirable to determine whether the packet of digitized information has been altered. Once an alteration is detected, when the one of the plurality of computers is presently in communication with the network of computers then the determination of alteration is preferably sent over the network of computers to the second location.
The computer routine that provides the operations discussed above may be provided at least in part in a second program thereby making detection of the computer routine that detects the copying or sends the information related to the copying/alteration of information more difficult. For instance, the computer routine could be provided as part of an Internet browser. Likewise the computer routine could be a routine in an operating system.
The method, as discussed above, also applies to intranets that include a plurality of intranet computers. In this case, intranet information concerning the first identification indicia and one or more of the plurality of intranet computers is stored for transmission.
It is clear that it is improper/illegal to copy in a manner that contradicts copyright and patent laws, or to alter the program against the license that may include a shrink wrap license. Although it may not be necessary, it may be desirable to include within a shrink wrap or other license an agreed upon explicit right, rather than an implied right, to monitor on an extremely limited basis, as discussed herein, wherein monitoring pertains only to copying and/or altering.